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United States v. Professional Asbestos Removal Corp.

November 24, 2009

UNITED STATES OF AMERICA
v.
PROFESSIONAL ASBESTOS REMOVAL CORPORATION AKA PARC ENVIRONMENTAL



The opinion of the court was delivered by: Anthony W. Ishii, United States District Judge

JUDGMENT IN A CRIMINAL CASE

(For Offenses Committed On or After November 1, 1987)

ANTHONY P. CAPOZZI Defendant's Attorney

THE DEFENDANT:

pleaded guilty to count(s): ONE of the Superseding Inform ation . pleaded nolo contendere to counts(s) which was accepted by the court. was found guilty on count(s) after a plea of not guilty.

ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s):

Date Offense Count ection Nature of Offense Concluded Number(s) 6928(d)(3) Making a false statem ent in a Uniform June 18, 2008 One

Hazardous Waste Manifest

The defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is im posed to the Sentencing Reform Act of 1984. he record establishes no need for a presentence report pursuant to Fed. R. Criminal. P. 32.

Count(s) (is)(are) dism issed on the motion of the United States.

Inform ation is dism issed by District Court on m otion of the United States.

Appeal rights given. [U] Appeal rights waived.

IT IS FURTHER ORDERED that the defendant shall notify the United States Attorney for this district within 30 ny change of nam e, residence, or m ailing address until all fines, restitution, costs, and special assessm ents by this judgment are fully paid. If ordered to pay restitution, the defendant must notify the court and United States of material changes in economic circumstances.

PROBATION

The defendant is hereby sentenced to probation for a term of 3 YEARS.

TO BE BENCH/UNSUPERVISED

shall not commit another federal, state, or local crime.

judgment imposes a fine or a restitution obligation, it is a condition of Probation that the defendant pay in accordance with the of Payments sheet of this judgment.

must comply with the standard conditions that have been adopted by this court as well as with any additional conditions page.

STANDARD CONDITIONS OF SUPERVISION

SPECIAL CONDITIONS OF SUPERVISION

1. SEE ATTACHED.

CRIMINAL MONETARY PENALTIES

he defendant must pay the total crim inal monetary penalties under the Schedule of Paym ents on Sheet 6.

Assessm ent Fine Restitution otals: $400.00 $250,000.00 $177,235.82

he determ ination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be entered r such determ ination. defendant must m ake restitution (including com m unity restitution) to the following payees in the amount listed below.

the defendant makes a partial paym ent, each payee shall receive an approxim ately proportioned paym ent, unless cified otherwise in the priority order or percentage paym ent colum n below. However, pursuant to 18 U.S.C. § 3664(i),

nonfederal victim s must be paid before the United States is paid.

Payee Total Loss* Restitution Ordered Priority or Percentage

alifornia Departm ent of oxic Substances Control $177,235.82 dered this date in open court)

TALS: $$

estitution am ount ordered pursuant to plea agreement $e defendant m ust pay interest on restitution and a fine of m ore than $2,500, unless the restitution or fine is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the paym ent options on Sheet ay be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).

The court determ ined that the defendant does not have the ability to pay interest and it is ordered that: The interest requirement is waived for the [ ] fine [ ] restitution The interest requirem ent for ...


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